Legal Opinion

Valdez Ex Rel. Donely v. United States

District Court, S.D. New York

Decided February 3, 2006No. 05 CIV. 4842(CM)PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

MCMAHON, District Judge.

On December 13, 2000, plaintiff Tiffany Donely was admitted to St. Luke’s-Roosevelt Hospital (“StLuke’s”), where she delivered her daughter, plaintiff Elon Emani Valdez, by emergency cesarean section performed by Doctor Christina Hye-Kyong Kong (“Dr.Kong”). Prior to delivery, Donely received prenatal care at the William F. Ryan Community Health Center (“Ryan Center”), of which Dr. Kong is an employee.

Hours after the delivery, Elon was diagnosed with respiratory distress secondary to meconium aspiration…

2Cases cited15 opinions

  1. Scheuer v. RhodesSupreme Court of the United States · 1974
  2. Shipping Financial Services Corporation v. William J. Drakos, Duke Petroleum Transport Corporation and Omi Petrolink CorporationCourt of Appeals for the Second Circuit · 1998
  3. Zappia Middle East Construction Company Limited v. The Emirate of Abu Dhabi, Abu Dhabi Investment Authority, and Abu Dhabi Commercial BankCourt of Appeals for the Second Circuit · 2000
  4. Jeanina Celestine v. Mount Vernon Neighborhood Health Center, United States of America, No. 04-0839-CvCourt of Appeals for the Second Circuit · 2005
  5. Beacon Enterprises, Inc. v. Mary Rose MenziesCourt of Appeals for the Second Circuit · 1983

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3Cited by2 opinions

  1. Valdez Ex Rel. Donely v. United StatesCourt of Appeals for the Second Circuit · 2008
  2. Santos Ex Rel. Beato v. United StatesDistrict Court, M.D. Pennsylvania · 2007

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